Plea for investigation into charity regulator's handling of Wick Academy Development Fund concerns
A call has been made for OSCR – the Scottish charity regulator – to carry out an internal investigation into its handling of the concerns raised about the management of the Wick Academy Development Fund (WADF).
It comes from Academy football fan, Dan Mackay, who was due to make his case at a virtual meeting with OSCR chief executive, Maureen Mallon, on Friday. He also hoped the meeting may provide "a final glimmer of hope" in his bid to get some of the fund's £140,000 for the Highland League football club.
Mr Mackay accepts that is unlikely as the judicial factor – appointed by the Court of Session in Edinburgh – has decided the money should go to sports, leisure and recreation charities in the Wick area in accordance to the fund's constitution.
But he is hoping for "a stay of execution" for the club. "There is a strong, moral and ethical case for some of the money going to Academy. The fans have been duped," says Mr Mackay. He feels the fund was not open and transparent and treated the fans with contempt.
Mr Mackay says the concerns about the way the fund was managed was raised many times over many years with OSCR but it failed to intervene until last year when it carried out an investigation. As a result the judicial factor was appointed.
In his letter, he urges the charity regulator to undertake an internal investigation into its handling of "the various concerns regarding the management of Wick Academy Development Fund."
Mr Mackay says: "Your records will show that OSCR has known about these concerns for many years – certainly I contacted OSCR in person at your Dundee offices in 2014 and have variously corresponded by letter, emails and phone calls since then. I know others in the years before me have raised concerns, too.
"I think people in Wick and Wick Academy football fans especially have a right to know how £140,000 of their monies have been lost to their football club and, following an advert in the local newspaper on Friday, May 7, these monies will now be distributed to local charities sharing the same objectives as the WADF.
"It means our football club, which is not a registered charity, will not receive a penny of the £140,000 that fans invested in the club’s fund raising in good faith over many years. This is, at the very least, a shocking and disappointing outcome. "
He adds: "I believe questions need to be asked about the role of OSCR which, as a national charities’ regulator, appears to have failed Wick Academy football club fans even though there were opportunities over the years to prevent this woeful outcome. I am not attributing any blame to any individual at OSCR but feel people have a right to know how this outcome and loss of significant monies came about.
"It is not enough to say that at least the monies will be distributed locally, to local charities. Football fans paid in good faith to the WADF thinking the monies would lead to improvements – perhaps even a new football pitch, as was variously mooted.
There are fundamental principles at stake here. People who donate to charities do not routinely ask to read the terms and conditions of their constitutions but give in good faith – as we did."
Mr Mackay claims WADF remained "steely silent" over the concerns raised and rejected a plea for financial support towards a new facility at Harmsworth Park made in 2014.
He describes the £140,000 as "a staggering loss" and calls for an internal investigation "to review and reflect on your responses, or lack of them, to ensure that a situation like this can never happen again."